ORDINANCE, 1960
( XI of 1960)
[6th April, 1960]
An
Ordinance
to establish Boards of
Governors for Government educational and training institutions in [3][the Punjab]
Preamble.– WHEREAS it is expedient to
establish Boards of Governors for some Government educational and training
institutions in [4][the
Punjab] for the efficient management and control thereof;
Now, THEREFORE, in pursuance of the
Presidential Proclamation of the seventh day of October, 1958, and in exercise
of all powers enabling him in that behalf, the Governor of West Pakistan is
pleased to make and promulgate the following
Ordinance:-
1.
Short title
and application.–(1) This Ordinance may be called the [5][Punjab]
Government Educational and Training Institutions Ordinance, 1960.
2.
Definitions.–In
this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say–
(a)
“Board” means the Board of Governors of an institution;
(b)
“Chairman” means the Chairman of the Board;
(c)
“institution” means an educational or training
institution notified by Government under sub-section (2) of section 1 and
includes an establishment or organization attached thereto;
(e)
“member” means a member of the Board;
(f)
“prescribed” means prescribed by rules or regulations
made under this Ordinance;
(g)
“Principal” means the principal officer-in-charge of an
institution.
3.
Incorporation.–(1)
For the efficient management and control of an institution there shall be
established a Board of Governors.
(2)
The Board shall be a body corporate, shall have
perpetual succession and a common seal, with power to enter into contracts and
to acquire and hold property, movable and immovable, and shall in its corporate
name sue and be sued.
4.
Constitution
of the Board.– [8][(1)
The Board shall consist of not less than nine members to be appointed by the
Governor of the Punjab.]
(2)
One of the members shall be appointed by the [9][Governor of the
Punjab] to be the Chairman of the Board.
[10][(2-a) One of the
members may be appointed by the Governor of the Punjab to be the Vice Chairman
of the Board.]
(3)
Official members, if any, shall be appointed by
designation.
(4)
Non-official members, if any, shall hold office for a
period of three years and shall be eligible for re-appointment.
5.
Removal of a
member.–The [11][Governor
of the Punjab] may remove any member before the expiry of his term of office
without assigning any reason therefor.
6.
Secretary.–The
Principal shall be the Secretary of the Board.
7.
Meetings of
the Board.–The meetings of the Board shall be held at such times and at
such places and in accordance with such procedure as may be prescribed.
8.
General
Powers of the Board.–Subject to the other provisions of this ordinance the
Board shall have full powers to administer and manage an institution and in
particular in respect of the following matters:-
(a)
to acquire and dispose of property and generally to
enter into contracts, in conformity with the purposes of this Ordinance;
(b)
recruitment and determination of the terms and
conditions of service of the principal and other members of the staff of the
institution and of other officers and servants of the Board;
(c)
to formulate the budget of the institution for approval
of Government;
(d)
to set up an Executive Committee and other Standing
Committees as may be required for carrying out the purposes of this Ordinance;
(e)
to delegate powers to the Chairman, the Executive
Committee, Standing Committee, the Principal, the staff of the institution and
other officers and servants of the Board.
(f)
to frame, subject to the approval of Government,
regulations for the conduct of business of the Board.
9.
Transitional
provisions regarding staff.–Any person serving in connection with the
affairs of the province, in an institution in any capacity immediately before
the day notified under sub-section (2) of section 1, hereinafter referred to as
the “said day”, may be transferred by Government for service under the Board on
such terms and conditions as Government may determine; provided that such terms
and conditions shall not be less favourable than those admissible to him under
Government; provided further that no such person shall be dismissed, removed
from service or reduced in rank by an authority subordinate to that by which he
was appointed.
10.
Property.–All
property, movable or immovable, vesting in Government in connection with the
affairs of the institution immediately before the said day shall vest in the
Board. In the event of Government rescinding the notification made under
sub-section (2) of section 1, the
property vesting in the Board shall stand transferred to Government.
11.
Board Fund.–(1)
There shall be a fund to be known as “Board Fund” vested in the Board.
(2)
The Board Fund shall consist of– (a) grants-in-aid made by
Government;
(b)
loans obtained from Government;
(c)
loans raised by the Board with the special or general
sanction of
Government;
(d)
foreign aid and loans obtained by the Board with the
sanction of and on terms and conditions approved by Government; (e) fees and other sums received by the
Board.
(3)
All moneys at the credit of the Board shall be kept in
such custody as may be prescribed.
(4)
The Board Fund shall be utilized by the Board in
connection with its functions under this Ordinance, including the payment of
salaries and other remunerations of the Principal and the staff of the
institution and of officers and servants appointed under this Ordinance.
12.
Maintenance
of accounts.–The Board shall maintain complete and accurate books of
accounts in such form as may be prescribed.
13.
Annual
financial statement.–The Board shall submit a statement of estimated
receipts and expenditure in respect of the next financial year to Government
for approval, at such time and in such manner as may be prescribed and shall
give effect to any modifications made therein by Government.
14.
Returns and
statements.–(1) As soon as may be after the close of every financial year
but not later than the last day of September next following, the Board shall
submit to Government for approval a report on the conduct of the affairs of the
Board for that year. (2) Government
may require the Board to furnish Government with–
(a)
any return, statement, estimate, statistics or other
information or report regarding any matter under the control of the Board, or
(b)
a copy of any document in the charge of the Board, and
the Board shall comply with every such requisition.
15.
Audit.–(1)
The accounts of the Board shall be audited in such manner as may be prescribed.
(2)
Copies of the audit report shall be sent to the Board
and with the comments of the Board to Government.
(3)
The Board shall carry out any directive issued by
Government for rectification of audit objection.
16.
Chairman,
and members, and employees to be public servants.–The Chairman and the
members of the Board, the members of the Executive Committee and the Standing
Committees constituted under this Ordinance, the officers and the servants of
the institution and other officers and servants appointed under this Ordinance
shall be deemed to be public servants within the meanings of section 21 of the
Pakistan Penal Code[12].
17.
Power to
make rules.–(1) Government may make rules for carrying out the purposes of
this ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power, such rules may provide for–
(a)
the terms and conditions on which Government servants
may be
transferred to the Board;
(b)
the frequency of meetings of the Board and the procedure
that shall be followed at such meetings;
(c)
the forms and registers for keeping the accounts;
(d)
the manner in which and the time at which the annual
financial statement shall be submitted to Government for approval;
(e)
the returns, statements, estimates, statistics,
information or reports which may be submitted to Government;
(f)
the manner in which the accounts of the Board shall be
audited;
(g)
the custody in which the Board Fund shall be kept;
(h)
any other matter required under the provisions of this
Ordinance to be prescribed.
18.
Regulations.–(1)
The Board may, subject to the approval of Government, frame regulations not
inconsistent with the provisions of this Ordinance and the rules made
thereunder, to carry out the purposes of this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power, such regulations may provide for–
(a)
the notice on which an ordinary or special meeting may
be convened;
(b)
the time and place at which meetings of the Board may
be held; (c) the manner in which the minutes shall be circulated and
confirmed; (d) the manner in which an
Executive Committee or a Standing Committee shall be constituted and the powers
and functions that may be exercised and performed by the Committee;
(e)
the recruitment, tenure of office, terms and conditions
of service of the officers and servants appointed by the Board;
(f)
the delegation of administrative and financial powers
to the Executive
Committee, Standing Committee, or
other officers and servants of the Board;
(g)
the manner in which the funds shall be disbursed;
(h)
any other matter required under any of the provisions
of this Ordinance to be prescribed.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 2nd April, 1960; published in
the West Pakistan Gazette (Extraordinary), dated 6th April, 1960; pages
1661-66; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962).
[2]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974),
for “West Pakistan”.
[3] ibid
[4] ibid
[5] Ibid
[6] It was applied to
Government Cadet College, Hassan Abdal, with effect from Ist July, 1960, see Gazette of West Pakistan, 1960, Part
I, page 313.
It was also applied to the Lawrence College, Ghoragali, with effect from
Ist Feb., 1962, see West Pakistan
Gazette, 1962, Part I, page 50.
Also applied to the
Government Cadet College, Kohat, with effect from Ist February, 1962, see West Pakistan Gazette, 1962, Part I,
page 49.
[7] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Government of West
Pakistan”.
[8] Substituted by the Punjab
Educational and Training Institutions (Amendment) Ordinance, 1984 (III of
1984).
[9] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Governor of West
Pakistan”.
[10] Added by the Punjab
Government Educational and Training Institutions (Amendment) Ordinance, 2002
(XXXVI of 2002), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[11] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Governor of West
Pakistan”.
[12] XLV of 1860.
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